IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090009035 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that all of the awards listed on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he desires that all of the awards listed on his NGB Form 22 be added to his DD Form 214 because he was told that it would help when he goes to the Department of Veterans Affairs (VA) hospital.

3.  The applicant provides a copy of orders awarding him the Combat Infantryman Badge (CIB), a copy of a memorandum indicating he had completed out-processing requirements for Operation Iraqi Freedom, a copy of the recommendation for award of the CIB, a copy of a CIB Certificate, a copy of his DD Form 214, and a copy of his NGB Form 22.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Indiana Army National Guard (INARNG) on 13 October 1999.  He completed his training as a light weapons infantryman and he was returned to his unit.  He was advanced to the rank/grade of specialist (SPC)/E-4 on 1 May 2001.

2.  On 26 November 2002, he was ordered to active duty with his unit in support of Operation Enduring Freedom.

3.  On 30 May 2003, permanent orders were published which awarded the applicant the CIB for the period of 25 March to 13 April 2003.

4.  On 21 August 2003, the applicant was honorably released from active duty (REFRAD) at Fort Knox, KY and he was transferred back to his INARNG unit.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, Armed Forces Reserve Medal with Mobilization "M" Device, and his weapons qualifications badges.

5.  On 22 July 2004, a memorandum was prepared by the applicant's unit requesting that the applicant be awarded the Global War on Terrorism Expeditionary Medal (GWOTEM) for the period of 3 January 2003 to 16 October 2003.

6.  On 13 August 2004, a memorandum was prepared by the applicant's unit requesting that the applicant be awarded the Global War on Terrorism Service Medal (GWOTSM) for the period of 26 November 2002 to 25 March 2003 and the GWOTEM for the period of 26 March to 8 October 2003.

7.  On 2 November 2005, a memorandum was prepared by the applicant's unit which superseded the 13 August 2004 memorandum and requested that the applicant be awarded the GWOTSM for the period of 26 November 2002 through 3 January 2003, the GWOTEM for the period of 4 January to 25 March 2003, and the Iraq Campaign Medal (ICM) for the period of 26 March through 21 August 2003.

8.  On 30 November 2005, a memorandum was prepared by the applicant's unit that awarded him the Humanitarian Service Medal (HSM), effective 2 October 2005 for his support of Operation Vigilant Relief - Hurricane Katrina.

9.  On 23 January 2006, a memorandum was prepared by the applicant's unit that awarded him the Army Reserve Component Achievement Medal (ARCAM), effective 12 October 2005.

10.  On 17 April 2007, the applicant was honorably discharged from the INARNG and the Reserve of the Army due to the expiration of his term of service (ETS).  His NGB Form 22 reflects that he was awarded the Army Service Ribbon (ASR), National Defense Service Medal (NDSM), Army Achievement Medal (AAM), Army Reserve Component Achievement Medal (ARCAM) (2d Award - 
12 October 2005), GWOTSM, GWOTEM, Armed Forces Reserve Medal (AFRM) with "M" device, ICM, CIB, HSM, and four state awards.
11.  Army Regulation 635-5 (Personnel Separations – Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that only decorations and awards that were awarded on or before the date of the DD Form 214 will be entered on that form.  Additionally, only awards contained in Army Regulation 600-8-22 are authorized for entry on the DD Form 214.  Individual State awards are not authorized for entry on the DD Form 214.

12.  Army Human Resources Command Military Personnel (MILPER) Message Number 08-123 provides the guidance and criteria, applicability and standards on awarding and wear of service stars on the ICM.  It states, in pertinent part, that one bronze service star will be worn on the ICM for one or more days of participation in each designated campaign phase.  Approved designated ICM campaign phases and inclusive periods are listed below:

Liberation of Iraq/19 March 2003 - 1 May 2003 
Transition of Iraq/2 May 2003 - 28 June 2004 
Iraq Governance/29 June 2004 - 15 December 2005 
National Resolution/16 December 2005 – Date to be determined

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that all of his authorized awards should be annotated on his DD Form 214 has been noted and appears to have partial merit.

2.  The applicant was ordered to active duty on 26 November 2002 in support of Operation Enduring Freedom and served until he was REFRAD on 21 August 2003.  He was subsequently awarded the CIB and entitled to the GWOTSM, GWOTEM, and the ICM for the period covered by his DD Form 214.  Accordingly, he is entitled to have those awards entered on his DD Form 214.

3.  The applicant also participated in two designated campaign phases while in Iraq.  Therefore, he is entitled to two bronze service stars for wear on the ICM.

4.  However, the remainder of his awards (e.g., HSM, ARCAM) were awarded after his REFRAD and are not authorized for entry on the DD Form 214 in question.  Additionally, State awards are not authorized for entry on the DD Form 214.  Accordingly, there is no basis to add those awards to his DD Form 214.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 for the period ending 21 August 2003 the Combat Infantryman Badge, Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, and the Iraq Campaign Medal with two bronze service stars.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding any awards received for service after 21 August 2003 or any State awards to his DD Form 214.



      ____________x__________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090009035



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ABCMR Record of Proceedings (cont)                                         AR20090009035



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